Canada ( Attorney General ) v. Kinkead
A-217-93
Létourneau J.A.
18/5/94
7 pp.
Application for judicial review of Umpire's decision holding vacation pay not paid on account of separation from employment, but rather on account of relevant provision of contract of employment -- Whether vacation pay paid to respondent on lay-off and, pursuant to contract of employment, payable before lay-off, in fact paid on account of said lay-off-Umpire referred to fact vacation pay paid by reason of relevant provision of respondent's contract of employment; but not in fact basis of his conclusion: latter actually based on the fact payment due and payable before separation from employment -- Time at which vacation pay paid to employee may coincide with lay-off or separation from employment without payment being made by reason thereof -- In such case lay-off only occasion, not cause, of payment -- Consideration must be given to provisions of contract of employment or collective agreement, legitimate intent of parties and circumstances surrounding payment of amount in order to determine whether causal relationship between latter and separation from employment or pure coincidence without any causal connection between two events -- No evidence in record parties to contract intended payment of vacation pay to be postponed to time of separation from employment and that money paid at that time by reason of separation -- Application dismissed-Unemployment Insurance Regulations, C.R.C., 1978, c. 1576, s. 58(8),(9).